( 1 ) THIS is an appeal by five appellants who were tried by a learned Sessions Judge sitting with a jury upon a charge of dacoity under Section 395 of the I. P. Code. The appellant Nandalal Bera was also charged with an offence under Section 412 of the I. P. Code. Nandalal Bera was found not guilty and acquitted upon the charge under Section 395 of the Indian Penal Code, but he was found guilty upon the charge under Section 412 of the Indian Penal Code. He was convicted by the learned Sessions Judge and sentenced to three years' rigorous imprisonment. The other four appellants were found guilty of dacoity and were convicted by the learned Sessions Judge and each sentenced to five years' rigorous imprisonment. It is from these convictions and sentences that the present appeal has been preferred.

( 2 ) THE charges arose out of a dacoity which was said to have been committed on Falgun 7, 1356 B. S. corresponding to February 19, 1950, at about 11 p. m. at the house of one Umesh Chandra Maity in the village of Chingurdania. On that night the inmates had gone to bed, the owner Umesh Chandra Maity being away from home. It is said that these dacoits came to the house and